Can the Council refuse to licence my property?
Yes, if the property does not meet the conditions set out above and the landlord or manager is not a fit and proper person .
What will happen then?
If a landlord fails to bring an HMO up to required standard, or fails to meet the fit and proper person criteria, the Council can issue an Interim Management Order (IMO), which allows it to step in and manage the property. The owner keeps their rights as an owner. This order can last for a year until suitable permanent management arrangements can be made. If the IMO expires and there has been no improvement, then the Council can issue a Final Management Order. This can last up to five years and can be renewed.
You may appeal if the Council decides to:
- refuse a licence;
- grant a licence with conditions;
- revoke a licence
- vary a licence
- refuse to vary a licence.
You must appeal to the Residential Property Tribunal, normally within twenty-eight days. Details of how to appeal will be available soon.
Temporary exemption from licensing
If a landlord or person in control of a property intends to stop operating it as an HMO or reduces the numbers of occupants and can give clear evidence of this, then he or she can apply for a Temporary Exemption Notice. This lasts for a maximum of three months and ensures that a property in the process of being converted from an HMO does not need to licensed. If the situation is not resolved, then a second Temporary Notice can be issued. When this runs out the property must be licensed, become subject to an Interim Management Order, or cease to be an HMO.
Are there any penalties?
It is an offence if the landlord or person in control of the property:
Rent repayment orders
A tenant living in a property that should have been licensed, but was not, can apply to the Residential Property Tribunal to claim back any rent they have paid during the unlicensed period (up to a limit of twelve months).Councils can also reclaim any housing benefit that has been paid during the time the property was without a licence.
More information can be found at Residential Property Tribunal Service website.
For further information contact:
